The Bailiff Company Is Charging You "Fees" on Top of Your Court Fine

Parliament has never approved any fee schedule to be applied for the recovery of court fines.

Some bailiff companies say they have a "contract" that enables bailiffs to recover fees by taking control of goods. The High Court has proven this to be false.

One of Britain's most senior judges Lord Justice Elias confirmed there is no contractual obligation on defaulters to pay fees of the enforcement company. See JBW Ltd v Ministry of Justice [2012] EWCA Civ 8 at paragraph 38.

He also confirmed the enforcement company bears the risk of running the enforcement service if they are unable to recover the fine, or their fees.

Section 78(5) of the Magistrates' Courts Act 1980 says a bailiff commits an offence if he makes an improper charge. Making a false representation to obtain a money transfer commits an offence under Section 2 of the Fraud Act 2006.

If you have lost money to any type of fraud, report it to Action Fraud by calling 0300 123 2040. If you know the criminals behind doorstep fraud, call Crimestoppers anonymously on 0800 555 111 or use their online form.

If the fraudster is a bailiff company, they are not above the law. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will say your complaint is a "civil matter".

One bailiff company, Collectica Ltd, has a policy of refunding fees at the eleventh hour before your hearing date, but will require you to sign a confidentiality agreement (a gagging order) preventing you from going to the media.

Marston Group, for example, has an operative pretending to be a helper on the bailiffs section of the Consumer Action Forums. She seeks out members having a bailiff problem, lures them away from public scrutiny via private messages, offers unlicensed debt counselling services, and arranges for them to pay £300 in fees to the bailiff company. She may also offer to mediate and set up a payment plan.

This article explains the legal position on bailiffs' fees.

Challenge the fees with the court service and copy in the bailiff company and your MP.

Always copy in your MP. It is unlikely that Parliament intended private companies to defraud defaulters in this way. See the Parliamentary Ombudsman. State that this is a time-critical matter and an early remedy is needed.

If you already paid the bailiff's fees within the last six years, then this template can help you get your money back.

After asking the bailiff company for your money back, you have the right to reclaim it using the Small Claims Track. You will need to find out how much you were fined by speaking to staff at the sentencing Magistrates' Court.

If they resist your request, then you can reclaim the fees in the Small Claims Court and the judge can order them to produce the genuine warrant of control.

The fine amount cannot be increased unless you are re-sentenced, and the new fine must comply with the Sentencing Guidelines prescribed by the Sentencing Council. Section 82(4) of the Magistrates' Courts Act 1980 requires a new means test.

If a bailiff has tried to charge you £300 in fees on top of a court fine, you can argue that he is of dishonest character and make a Formal Complaint About a Bailiff.

Make a formal complaint and get your MP involved.